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ILR over 450 days out of country!
Posted: Fri Feb 05, 2010 2:21 pm
by darrylduff
I am looking to apply for ILR but have been out of the country for 480 days in the last 5 years. However 250 of them have been for work (I have letters from my employer) and no trips were longer than 90 days.
There is a lot of talk about the 450 day rule but also about work trips being ok as long as you can prove it.
Anyone have any advice as to whether I will have any problems because of my 480 days out of the country even though a lot of it is because of work?
Better still anyone get their ILR after having been out of the country with work for more than 450days?
Thanks!
Re: ILR over 450 days out of country!
Posted: Fri Feb 05, 2010 2:47 pm
by diago_nelson
Under which category are you applying ?
Personal Absence of 180 days for the past 5 years are allowed.
And personal absence of 90 days in last one year is allowed.
450 days of personal holiday is not allowed.
You must be paid in UK (incl. tax and NI) during your work trip and this should reflect in your salary slip/bank stmt/P60. A letter from employer explaining these absences should also be provided.
darrylduff wrote:I am looking to apply for ILR but have been out of the country for 480 days in the last 5 years. However 250 of them have been for work (I have letters from my employer) and no trips were longer than 90 days.
There is a lot of talk about the 450 day rule but also about work trips being ok as long as you can prove it.
Anyone have any advice as to whether I will have any problems because of my 480 days out of the country even though a lot of it is because of work?
Better still anyone get their ILR after having been out of the country with work for more than 450days?
Thanks!
Re: ILR over 450 days out of country!
Posted: Fri Feb 05, 2010 3:00 pm
by xyz123
darrylduff wrote:
There is a lot of talk about the 450 day rule but also about work trips being ok as long as you can prove it.
Thanks!
Do not confuse ILR and citizenship rules. 450 Days rule is for citizenship and not for ILR. For ILR there are generic rules of total 180 days over 5 years and no single trip over 90 days. However case worker has final say on this.
To be honest it would be very difficult to get ILR on present circumstances. Effectively you have been out of country for almost 16 months out of 60 required.
a lot would depend on hwo were you paid on these long trips and also what were the remaining 230 days of personal abcenses were for? Give more details so someone can be more helpful.
Talk to a lawer and see if they can help.